17th August 2021
On 28 April 2021, the Minister of State for Business, Employment and Retail, Damien English TD, announced his intention to issue an Order to give effect to a statutory recommendation of the Labour Court concerning minimum rates of renumeration and other terms and conditions in the Security Sector.
The Order was to apply from 1 September 2021.
An ex-parte application to initiate legal proceedings challenging the underlying legislation in the High Court was lodged in late July.
As part of the proceedings, the High Court has placed a Stay on the Minister, which stops him from making the Order.
The Department for Enterprise, Trade and Employment is in the process of securing legal advice on the matter.
In the meantime, the Department wishes to inform all employees and employers in the Security Sector that until such time that these legal issues have been resolved, the statutory minimum rates of pay and other terms and conditions in the sector will remain unchanged.
Notes for Editor
The process of an ex-parte application is a normal process mandated by the Rules of the Superior Courts for the initiation of judicial review proceedings and seeking a stay. The parties to the ex-parte application to the High Court challenging the underlying legislation and their legal representatives issued the ex-parte application in full accordance and compliance with the Rules of the Superior Courts.
This ERO proposal would have revoked the ERO that was signed in 2017 for the Sector – SI 231 of 2017. It provides for a new rate of pay for an adult worker in the sector of €12.05 per hour from 1 June 2021 or from the date of signature by the Minister, whichever is the later; €12.50 per hour from 1 June 2022; and €12.90 per hour from 1 June 2023.
An unsocial hours premium will be paid for hours worked between 21:00 hours and 07:00 hours, provided the worker works at least three hours in that period. This will apply from 1 June 2022 and is a minimum payment of €8.40 per shift.
The proposals set out that a worker who has not attained the age of 18 years shall be remunerated at an hourly rate of pay that is not less than 70% of the rate specified.
In the case of a worker having entered into employment before attaining the age of 18 years and continuing in employment on attaining that age, in his or her first year after having attained the age of 18 years, 80% of the rate specified and in his or her second year after having attained that age, 90% of the rate specified.
Where a worker who has attained the age of 18 years undergoes a course of study or training authorised by the employer within the workplace or elsewhere during normal working hours, such courses or training to be prescribed in regulations made by the Minister pursuant to section 3 of the Act of 2000 for the purposes of section 16 of that Act, the worker shall be remunerated by his or her employer in respect of his or her working hours at a rate of pay as specified in the Order.
Overtime rates apply to all hours worked in excess of an average 48 hours per week in the roster cycle and will be paid at a rate of time and a half, a rostered cycle shall be a predetermined working pattern, which can be up to a maximum of six weeks, which has been issued to the worker in writing prior to the commencement of the roster cycle.
In addition to the pay increases the JLC have agreed new procedures to apply in the industry some of which relate to the following:
Annual Leave: Regular rostered overtime is to be included for the purposes of holiday pay. Both regular rostered overtime and Holiday Pay will be calculated by reference to the average hours worked (including paid breaks) over the previous 13 weeks, prior to the taking of annual leave.
Working Hours, Rest Periods and Breaks: The workers to whom this Order refers will, pursuant to section 4 (6) Organisation of Working Time Act 1997, be exempt by agreement from the provisions of sections 11, 12 and 13 of that Act.
Each employer to whom this Order applies shall ensure that each worker shall have a rest period and break which can be regarded as equivalent to those provided for in Sections 11, 12 and 13 of the Organisation of Working Time Act 1997.
Hours of Work/Rosters: Completed rosters setting out all hours of work for a minimum period of one week will be made available to workers in writing. Other than in exceptional circumstances completed rosters will be issued and made available to the worker a minimum of three days in advance of commencement. Rosters are subject to flexibility relating to operational and business needs.
Minimum Shift / Duty hours: When a security guard is scheduled or called in to carry out a shift or duty comprising of less than four hours, this will attract a minimum of four hours’ pay. Scheduled hours may constitute less than four hours where an employee is employed to work on a part time contract or both employer and employee agree in writing to change to a part time contract, expressly for the purposes of working a shorter shift.
The Department of Enterprise, Trade and Employment (DETE) plays a key role in implementing the Government’s policies of stimulating the productive capacity of the economy and creating an environment which supports job creation and maintenance. The Department has lead responsibility for Irish policy on global trade and inward investment and a remit to promote fair competition in the marketplace, protect consumers and safeguard workers.
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